SF1438
Settlement Proposal (Short Form)
Standard Form 1438 (SF 1438), Settlement Proposal (Short Form), is a three-page termination settlement proposal. The form says it is For Use by a Prime Contractor or Subcontractor in Settlement of a Fixed-Price Terminated Contract When Total Charges Claimed are Less Than $10,000. The footer says it is prescribed by GSA under FAR (48 CFR) 53.249(a)(5), and GSA hosts it in its forms library. The edition printed on the form is STANDARD FORM 1438 (REV. 10/2023), with OMB Control Number 9000-0012 and an expiration date of 8/31/2028.
Page 1 identifies the contract, the termination and any assignee, and Section I shows the status of the contract or order at the effective date of termination. Section II builds the proposed settlement in 9 items, with charges taken from SF 1428 and disposal credits from SF 1424. A short explanation and a certification follow, and page 2 carries five numbered instructions.
The form estimates 2.5 hours to read the instructions, gather the facts and answer the questions. You can fill it out free in your browser on this page and download the result without an account.
Prime contract or subcontract, company, contractor who sent the notice of termination, any assignee, Government agency, Government prime contract number, contractor's reference number and effective date of termination.
For each product, quantity and dollars previously shipped and invoiced, on hand with payment through invoicing, included in this proposal, to be completed (partial termination only), not to be completed, and total covered.
Charges for acceptable finished product and for work-in-progress and raw material (from SF 1428), other charges including profit and settlement expenses, settlements with subcontractors, and gross proposed settlement.
Disposal and other credits (from SF 1424, Item 27, Col.3), net proposed settlement, advance, progress and partial payments, and net payment requested.
A box for a brief explanation of how the amounts in items 3, 4, 6 and 7 were arrived at, then the certification with company name, signature, title and date.
Where to submit, consolidating proposals, the basis for charges under Part 49 of the Federal Acquisition Regulation, what items 2, 3 and 4 may include, and the $10,000 limit.
Instruction 5 says that if you use this form, your total charges being proposed (line 5) must be less than $10,000. Instruction 2 says proposals must not be divided to bring them below $10,000.
Check prime contract or subcontract, then enter the company, the contractor who sent the notice of termination, any assignee, the Government agency, the contract and reference numbers and the effective date of termination.
Enter quantity and dollars for each product covered by the terminated contract or purchase order. Column (e) is marked for partial termination only.
Items 1 and 2 come from SF 1428 and item 6 from SF 1424, Item 27, Col.3. The form says to list your inventory on SF 1428 and attach a copy.
Give a brief explanation of how you arrived at items 3, 4, 6 and 7, then sign the certification with a title and date. The form says to continue on a separate sheet where space is insufficient.
Send it to the contracting officer or your customer, per instruction 1. The form says to retain all papers and records relating to the proposal for the applicable period specified in the prime contract.
You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.
Instruction 1 says to submit it to the contracting officer if you are a prime contractor, or to your customer if you are a subcontractor. The GSA address in the burden notice is for comments on the time estimate.
Instruction 5 says the Government has the right to examine your books and records relative to this proposal.
Instruction 3 points to Part 49 of the Federal Acquisition Regulation and says the proposal should be prepared on the basis of the costs shown by your accounting records.
The form estimates 2.5 hours. Comments go to U.S. General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street, NW, Washington, DC 20405.
OMB Control Number 9000-0012, Expiration Date 8/31/2028. The notice says you do not need to answer these questions unless a valid OMB control number is displayed.
The footer says Authorized For Local Reproduction and Previous Edition Is Not Usable.
SF1428
110 fields, 4 pages
SF1424
81 fields, 2 pages
SF1434
108 fields, 1 page
SF1435
331 fields, 6 pages
SF1436
412 fields, 6 pages
SF1440
100 fields, 4 pages
The form says it is For Use by a Prime Contractor or Subcontractor in Settlement of a Fixed-Price Terminated Contract When Total Charges Claimed are Less Than $10,000.
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The footer says it is prescribed by GSA under FAR (48 CFR) 53.249(a)(5). GSA hosts a copy in its forms library.
The form says it is for a prime contractor or subcontractor settling a fixed-price terminated contract when total charges claimed are less than $10,000. Instruction 5 says the total charges proposed on line 5 must be less than $10,000.
Instruction 1 says to the contracting officer if you are a prime contractor, or to your customer if you are a subcontractor.
Instruction 4 lists costs reasonably necessary and properly allocable to the terminated portion, reasonable settlements with subcontractors (with copies attached), settlement expenses, and a reasonable profit on preparations made and work actually done.
It says no profit should be included for work which has not been done, nor shall profit be included for settlement expenses or for settlement with subcontractors.
Items 1 and 2 take charges from SF 1428, where the form says to list your inventory and attach a copy. Item 6 takes disposal and other credits from SF 1424, Item 27, Col.3.
The form estimates 2.5 hours to read the instructions, gather the facts and answer the questions.
